MAGISTRATE’S COURT Disqualified Driver Gaoled For Two Months

Press, Volume CIV, Issue 30886, 20 October 1965, Page 9

MAGISTRATE’S COURT Disqualified Driver Gaoled For Two Months

Care! Adriaan Van Rees, aged 32, a welder, who had previously been convicted on the same charge of driving Whale disqualified, was sentenced to two months’ imprison ment by Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday. Van Rees was also disqualified from holding a driver’s licence until October, 1970, an extra year’s disqualification being imposed. The offence was committed on September 25 in Pages road. Van Rees said he was convicted in 1958 for being drunk in Charge of a motor-vehicle. It was a border-line case, and he might not have been convicted on the charge in the following year after a change in the Transport Act. He said he was in extremely difficult domestic circumstances, and had to look after five children.

“I am not prepared to have the orders of the Court treated with contempt,” the Magistrate said. “This is the second occasion on which you have been convicted of driving while disqualified.” FINED £6O "It is in the public interest that offences of driving while disqualified receive a deterrent penalty. Otherwise they will become more frequent, and they are frequent enough now,” the Magistrate said in sentencing Trevor Edward Sheehan, aged 21, a barman. Sheehan was fined £6O, placed on probation for one year, and the period of his disqualification from holding a driver's licence was extended from February, 1967, to February, 1968.

Sheehan drove while disqualified on September 30 in Pages road. Mr B. J. Drake, who appeared for the accused, said Sheehan had turned his period of probation to good account and it was mainly his loyalty to his mother which had got him into trouble. He had been helping her in household

duties, and on this day was late for work.

"Taking into account your age, I will not send you to prison. This is your last opportunity. You can well know what to expect from a second offence of driving while disqualified,” the Magistrate said to Sheehan.

PROBATION FOR THEFT A woman whose name was suppressed was released on probation for 12 months when she appeared for sentence on a charge of theft of goods to the value of 14s 6d on October 7.

The Magistrate said the accused needed the assistance and kindness of a probation officer. It was in her own interest, and was not intended as a punishment. DRUNKENNESS

Phillip John Rawlinson, aged 36, a workman, who had been convicted twice in the previous six months of drunkenness, was convicted and sentenced to imprisonment for 14 days on a charge of being drunk in a public place on October 18. Rawlinson pleaded guilty to the offence, which occurred in the foyer of the Regent Theatre. FINED AND BARRED Edward Lloyd Nichols, aged 47, a lecturer (Mr D. H. Hicks), was fined £lO and disqualified from driving for one year on a charge of driving in Hoon Hay road on May 11 at a speed which might have been dangerous. He pleaded not guilty. It was a rehearing of the case after an appeal by the defendant against conviction on August 3. "It is not enough to assume that because it is late at night danger is less likely to be encountered or expected,” the Magistrate said. “The defendant was travelling at a speed not allowing him to see potential danger beyond his head-lights.” FINED £3 Pleading guilty by letter to a charge of failing to display a warrant of fitness, Michael William Weir was convicted and fined £3. REMANDED Royce Terry Young, aged 17, a factory hand, was remanded on bail to October 21 on a charge of using insulting language in Hardy street on October 18. He pleaded not guilty. (Before Mr J. D. Kinder, S.M.) RECKLESS DRIVING DENIED A charge against Barry James Fleming, aged 23, of driving recklessly on August 21, was adjourned part heard. Fleming, who pleaded not guilty, was represented by Mr B. J. Drake. He pleaded not guilty. CHARGE REDUCED A charge against Harold Maheno, aged 27. a driver, of driving at a speed which might have been dangerous in Wainoni road on July 24, was reduced to one of exceeding 30 miles an hour. He was fined £8 and was ordered to pay witnesses’ expenses of £2. Maheno pleaded not guilty to the original charge and guilty to the amended charge. He was represented by Mr H. W. Thompson. Evidence was given that the speed of a vehicle driven by Maheno was checked at 50 miles an hour. FINED £7 Henry Timothy Harper, aged 31, a taxi-driver (Mr J. R. Fox), was convicted and fined £7 after pleading not guilty to a charge of exceeding 30 miles an hour on August 14 in Linwood avenue. (Before Mr H. J. Evans, S.M.) FINED £8 Geoffrey Gordon Brown, a farmer, of Gore, was fined £8 on a charge of exceeding 30 miles an hour in Wainoni road on August 14. He pleaded guilty. Brown was originally charged with driving at a speed which might have been dangerous. He pleaded not guilty to this charge and was represented by Mr N. R. Morgan. Evidence was given that Brown's speed was checked at 50 miles an hour. FINED £6

Ida McCormick, aged 64, a housewife, was convicted and fined £6 and disqualified from holding a driver’s licence for two months on a charge to give way when turning to the right She pleaded not guilty.

DISMISSED A charge against Derek Francis Quigley of parking within an area marked on the roadway before the nearer side of a pedestrian crossing was dismissed. He pleaded not guilty. CASE ADJOURNED A default action in which the Commissioner of Inland Revenue claimed £260,409 5s Id for arrears of taxes from Annette Mary Eleanor Jane Clifford, a widow and property owner, of Worcester street, was adjourned to November 9 on the application of Mr B. J. Fay, who appeared for the commissioner. Mr P. H. T. Alpers, who appeared for Clifford, consented to the adjournment CIVIL CASES JUDGMENT SUMMONSES The following orders were made on judgment summonses: K. Halligan, Rowses road, to pay D. and B. B. Liddell, £6 9s 4d, in default eight days’ imprisonment, warrant suspended while £1 Ids a week is paid; J. W. Wade, worker, Hereford street to pay WardeMs-Kincaids, Ltd. £26 7s 8d (28 days or £1 a week); C. Chesmar, workman, care of City Council abattoirs, to pay O. J. McDougall £32 17s (four weeks or £1 a week); M. Ferguson, also known as. Mullin Brooker Ferguson, labourer, corner of Leeds and Phillips streets, to pay G. P. Kissel, Ltd., £43 6s Id (45 days or 10s a week); J. L. Roberts, enameller, Williams' street, to pay A. C. Woodham £lO (11 days or £1 a week).

A. J. Stokes, labourer. River road, to pay Robert Rrancis, Ltd., £9 15s 8d (10 days or 10s a week); J. Patterson, married woman, Sherborne street, to pay Tattles Drapers, £lO (11 days or 10s a week); M. D. McGrath, workman, Clyde road, to pav Christopher Bede Studios, Ltd., £2B 8s 6d (30 days or 10s a week); J. E. Vince, married woman, Morley street, to pay Christopher Bede Studios, Ltd., £l6 9s 6d (18 days or 10s a week); J. C. McMahon, carpenter, Hampshire street, to pay Beath and Company, Ltd., £lO (11 days or 10s a week); Rex Robert Stackhouse, Robson avenue, to pay Quality Tailors and Menswear, Ltd., £7 10s Id (eight days or 10s a week). G. E. Hibbs, workman, Lucienne place, to pay the Drapery and General importing Company of New Zealand, Ltd., £l6 Ils 2d (18 days or 5s a week); M. J. Wilson, trading as Perfecto Painters, Liverton crescent, to pay Harewood Services, Ltd., £56 7s lOd (eight weeks or 5s a week); J. Roberts, worker, Williams street, to pay C. Hunton, Ltd., £l7 5s 6d (18 days or 10s a week); Sydney John Hodge, representative, Geraldine street, to pay the Farmers 1 ’ Trading Company, Ltd., £l3 Is 4d (15 days or £2 a week). POSSESSION ORDERS Edward Arthur SayweM, engineer and his wife, Joyce Margaret Saywell, were ordered to give up possession of a tenement at 21 Skipton street, to the State Advances Corporation of New Zealand and to pay arrears of rent and costs amounting to £2B 0s 3d. Kenneth Arthur Blundell, driver, was ordered to give up possession of a house at 398 Estuary road, South Brighton, to V. P. and A. C. Rabbitte and to pay arrears of rent and costs amounting to £67 17s. Mary Louise MacDonald, housewife, was ordered to give up possession of a tenement at 25 Church square, to the State Advances Corporation of New Zealand and to pay arrears of rent and costs amounting to £36 4s 6d.